Florida Legal Malpractice Legal Questions

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124 legal questions have been posted about legal malpractice by real users in Florida. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include legal ethics and professional responsibility. All topics and other states can be accessed in the dropdowns below.
Florida Legal Malpractice Questions & Legal Answers - Page 4
Do you have any Florida Legal Malpractice questions page 4 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 124 previously answered Florida Legal Malpractice questions.

Recent Legal Answers

Does the following constitute Legal Malpractice?

Answered 11 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
No. and tell "some people to shut thier pie holes." There is obviously much more to this story than related, but I can assure you  no lawyer would guarantee you a settlement in a premises liability case let alone within 3 months. if you have record of the injury now, by whatever, means, simply retain a new lawyer and get onwith your claim.... Read More
No. and tell "some people to shut thier pie holes." There is obviously much more to this story than related, but I can assure you  no lawyer... Read More
Such conduct is likely subject to a lawsuit from a variety of angles....assuming its a real lawfirm.
Such conduct is likely subject to a lawsuit from a variety of angles....assuming its a real lawfirm.
Possibly a case...but it would turn on a lot of extra facts as some of what you describe would be hard pressed to believe your care stopped as much as the benefits stopped.
Possibly a case...but it would turn on a lot of extra facts as some of what you describe would be hard pressed to believe your care stopped as much... Read More

who will help me now

Answered 11 years and a month ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
Noone on the facts presented as your likely past the statute of limitations. If you are serious about pursuing some claim on this, you will likely have to retain a lawyer out of pocket to address this. Claims of "not stopping" until justice is done are just hollow threats and do little to address your issues.... Read More
Noone on the facts presented as your likely past the statute of limitations. If you are serious about pursuing some claim on this, you will likely... Read More
If you are asking whether a statute that violates the provisions of a constitution are void, the answer is Yes. However, this is something that would need to be declared by a court and not you or I, and is typically the subject of VERY lengthy and expensive appeals. If you have any further questions or concerns, you can always contact our office at 1-800-922-6442 for a FREE consultation to see if we can assist you further.... Read More
If you are asking whether a statute that violates the provisions of a constitution are void, the answer is Yes. However, this is something that would... Read More

No bed sores upon admission, huge bed sore with pus, is this a good case?

Answered 11 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
Quite possibly. This would require a variety of considerations, but as a general rule a huge bed sore should not occur with proper attention and care. If you have additional concerns, we do offer FREE initial consultations at 1-800-922-6442, to determine if we can provide further assistance.... Read More
Quite possibly. This would require a variety of considerations, but as a general rule a huge bed sore should not occur with proper attention and... Read More
Based upon the facts presented I fully expect that the source of this dispute surrounds PAYMENT of the billed fees. The conduct you describe typically occurs when there is a dispute between lawyer and client regarding over outstanding balance OR there was a flat fee agreement and there is a dispute about what that entailed. Bottom line, since you are paying for the lawyers servcies, if you are not happy, simply change lawyers. As long as lawyers get properly paid for the work they do, 99% are more than happy to speak with you or do whatever you ask. In contrast, if you get behind on payments or start nickel and diming a case, lawyers will not continue to do legal work unpaid. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
Based upon the facts presented I fully expect that the source of this dispute surrounds PAYMENT of the billed fees. The conduct you describe... Read More
There simply is no such means. I can tell you that the pitch you use will likely turn off most lawyers from even looking at it. Anytime the pitch is "free easy money - come one come all, I just need the RIGHT lawyer"......anyone who has ever litigated even a small claims case knows better. If its such an amazing case that proves itself, with guaranteed wonderful payout, your existing lawyer should be frothing at the mouth to switch to that fee arrangement. If he tells you "oh we dont do contingent fees" I'll call BS on that as EVERYONE would take a case on a contingent fee if the case and financial prospects are as you portray, its a no brainer. Like all such prosects though, there is always a catch, and this catch, whatever it is, is the reason that YOU are not willing to risk funding such a sure winner with your own money, which would actually yeild a much better financial result for you in the end. Age old rule.....never invest in stocks your broker doesn't buy himself. I'd be more than happy to give you 20 minutes to expalin the case, BUT, I think you will find that most competent trial lawyers will require some convincing to ever entertain your proposal. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
There simply is no such means. I can tell you that the pitch you use will likely turn off most lawyers from even looking at it. Anytime the pitch is... Read More

What qualifies a problem dental malpractice?

Answered 11 years and 5 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
How does dropping a crown down your throat have anything to do with MS? I am assuming the dentist will replace the lost crown, so I am not sure what the damages are, beyond some inconvenience. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
How does dropping a crown down your throat have anything to do with MS? I am assuming the dentist will replace the lost crown, so I am not sure what... Read More
Not likely, and who said 50/50 were the odds? Such cases are VERY expensive, time consuming and hotly contetsted. YOU also might not be happy with 3x hourly rate if the the legal fees were $75,000.00 and you recovered $50,000.00, since you would get ZERO money, even if you got all you asked for. Should you have further questions, please feel free to contact our office at 1-800-922-6442 for a FREE consultation.... Read More
Not likely, and who said 50/50 were the odds? Such cases are VERY expensive, time consuming and hotly contetsted. YOU also might not be happy with 3x... Read More
Not likely as you brought your companion with you when engaging in the medical care discussion with the doctor. If you really feel compelled to do so, you can file a complaint with the Federal DOH, though there is no private right for damages under HIPAA
Not likely as you brought your companion with you when engaging in the medical care discussion with the doctor. If you really feel compelled to do... Read More
Depends, you'll need more facts than that to get a coherent answer. If you have questions or concerns, please feel free to call ou office at 1-800-922-6442 for a FREE consultation. 
Depends, you'll need more facts than that to get a coherent answer. If you have questions or concerns, please feel free to call ou office at... Read More

misconduct?

Answered 11 years and 7 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
No. This should be reported to authorities immediately. Should you have any questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. 
No. This should be reported to authorities immediately. Should you have any questions or concerns, please feel free to contact our office at... Read More

legal malpractice

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
The Florida Bar will not do anything that involves handling your litigation case. They will only discipline the lawyer if they findhe did something wrong. Whats missing here, however, is the results of your discussion with the lawyer about WHY this is occuring. I suspect its something to do with a fee dispute. If you have other questions or concerns, please feel free to contact our office at 1-800-922-6442 for a FREE consultation. ... Read More
The Florida Bar will not do anything that involves handling your litigation case. They will only discipline the lawyer if they findhe did something... Read More

do i have a case to file against my attorney?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
No way to tell from your post. You will have to retain a lawyer to look at all your records etc. What you describe is that you filed bankruptcy and as a result surrendered your claim to the trustee. This would be why you were providing testimony and the case was settled with out your participation, as the claim was no longer yours. If you have further questions, feel free to contact our offce at 1-800-922-6442 for a FREE consultation. ... Read More
No way to tell from your post. You will have to retain a lawyer to look at all your records etc. What you describe is that you filed bankruptcy and... Read More

Is breach of attorney client privilege grounds for a law suit?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
It could be, although it may be very difficult to explain how this would have damaged a civil lawsuit. Generally, there is no such thing as an "anonymous source", you cannot refuse to disclose witnesses and in fact are typically obligated to do so. As you may imagine, it would be virtually impossible to claim damages because a lawyer would not suborn perjury if you lied and said you did not know of the witness or improperly refused to disclose the information. Obviously, you dont trust that lawyer, so you may as well get another one ASAP and if you feel compelled to file acomplaint with the Florida Bar. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.... Read More
It could be, although it may be very difficult to explain how this would have damaged a civil lawsuit. Generally, there is no such thing as an... Read More

My lawyers advised me to take a legal loan against my case.

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
He ADVISED you to do so? Or you approached him with the idea and he didn't inform you that it could impact your eligibility? If the lawyer brough the deal to you, then you should probably finda new lawyer and consider filinga complaint with the Florida Bar as this may well be imporper and part of a scam where lawyers use such deals to "bait" PI cients to hire them so they are chosen over other lawyer who wont offer "money up front". If YOU chose the deal, typically a lawyer is NOT obligated to deal with the impact of what you do with the money from a PI claim. If you have any further questions feel free to call 1-800-922-6442 for a FREE consultation.... Read More
He ADVISED you to do so? Or you approached him with the idea and he didn't inform you that it could impact your eligibility? If the lawyer brough the... Read More

How do I sue a former attorney for malpractice?

Answered 11 years and 8 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
YOU don't as they are very complicated cases for a variety of reasons. You're best bet is to actually find another lawyer that handles legal malpractice cases to address this for you properly. If you have any further questions, we do offer FREE consultations. Just call our office at 1-800-922-6442.... Read More
YOU don't as they are very complicated cases for a variety of reasons. You're best bet is to actually find another lawyer that handles legal... Read More

What is the full spectrum of my legal and public options?

Answered 11 years and 9 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
There is simply no way to answer such a question, especially with the facts presented. You will simply need to retain an appropropriate lawyer, unfortunately at an hourly rate/retainer, to examine all these issues. More importantly, it will be more efficient to establish what goals you have relative to your inquiry as analyzing "the full spectrum" of options would involves an exhoritant legal fee expense. If you have further questions or would like to discuss retaining our services, please feel free to call 1-800-922-6442 to arrange for a FREE consultation.... Read More
There is simply no way to answer such a question, especially with the facts presented. You will simply need to retain an appropropriate lawyer,... Read More
If you are the PR in a pending probate action, have the lawyer for the probate action get a court order to produce the records. The fact that you are PR in a will, not appointed by the court, is not same. Something is misisng from these facts though, as you could easily do the same as the lawyer and request them from SSA if you have letters of administration from probate court. If you have questions, we provide FREE legal consultations at 1-800-922-6442.... Read More
If you are the PR in a pending probate action, have the lawyer for the probate action get a court order to produce the records. The fact that you are... Read More
Probably not, and if there was, it would not be cost effective to pursue unless you wanted to spend more than the bike cost or the bike was very expensive and worth such an investment. If you have questions and would like a FREE consultation, simply contact our office at 1-800-922-6442.
Probably not, and if there was, it would not be cost effective to pursue unless you wanted to spend more than the bike cost or the bike was very... Read More

What are my rights when I think my attorney was negligent?

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
You need to talk to a lawyer about the merits of the whistleblower case. If it was a crappy case, there would be no real damages, even if the lawyer screwed up. Something is missing in these facts as it makes no sense that this would be brought up 5 years later, after the SOL may have even expired, about a failure to pursue an appeal.... Read More
You need to talk to a lawyer about the merits of the whistleblower case. If it was a crappy case, there would be no real damages, even if the lawyer... Read More

Judge mishandling a case

Answered 11 years and 10 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
Its impossible to tell what you are talking about. If you are describing that you refiled a suit on the same issue after losing the first one, you are likely to find yourself getting sanctioned. Otherwise your remedy is a to file an appeal of the trial court's ruling.  If you have questions or would like to discuss this issue further, we do offer FREE consultations. Just call 1-800-922-6442.... Read More
Its impossible to tell what you are talking about. If you are describing that you refiled a suit on the same issue after losing the first one, you... Read More
No way to tell on the facts you provide. Obviously, the biggest issue will be the explanation as to WHY would you continue on for 4 years of never hearing from your lawyers about your case? Allowing that to go on so long may backfire on you as most people would find that to be about 3 years and six months too long without resolving that situation. Since you had to hire a new lawyer, you may need to address this withhim or her.... Read More
No way to tell on the facts you provide. Obviously, the biggest issue will be the explanation as to WHY would you continue on for 4 years of never... Read More

is your lawyer supposed to give the da info that could damage your case

Answered 11 years and 11 months ago by attorney Mark Tischhauser, Esq.   |   1 Answer   |  Legal Topics: Legal Malpractice
As a general rule. no.
As a general rule. no.